Legal Question in Education Law in Colorado

To whom responds:

I am a teacher currently working under a 10 month contract but wish to break the contract at semester. The contract states that the maximum financial penalty for breaking a contract is 1/12 of the annual salary, but only if 30 days written notice is not provided. This is not a problem; the questions I have concern final payout of the contract. Provided that the contract includes a 12-month, monthly payment for work (despite it being a 10 month contract), would the district have a financial obligation to pay a proportionate amount of the salary that would have been provided during the two summer months in which no work is done? In other words, if I work for 5 months (1/2 the contract), would they be responsible for paying me 50% of the contract or only the monthly payment for each month worked (5/12, not 6/12)? Also, given the contract includes sick days, would payment of these sick days being included in final severance if the contract is breached? Or would the sick days (proportionately or completely) be revoked and/or subject to repayment for any used? Thank you for your help in this matter.


Asked on 10/20/13, 8:37 am

1 Answer from Attorneys
Damon Cassens Waters, Kubik, and Cassens

Short version: As a practical matter, most districts will not seek the reimbursement, but they also won't send you a dime beyond the last paycheck you pick up.

As a legal matter, your math is correct, but you need to very, very carefully read your employment contract if you intend to go that route. It probably spells out the "what ifs" in rather excrutiating detail.

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Answered on 11/04/13, 5:38 am


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